Politics & Government

Safety Behind Outdoor Dining Regulations

Mayor James Maley said the commission's swift introduction of a new, more thorough outdoor dining regulation system is rooted in public safety.

During a special meeting Monday, June 20, commissioners Mike Hall and Joan Leonard introduced an amendment to the borough's outdoor dining ordinance.

According to Mayor James Maley—who was not present at the meeting—the ordinance will be updated to serve as a safer, more thorough way to regulate outside dining.

New restrictions were proposed solely to promote safety, said Maley.

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Under the amended guidelines, at least one 5-foot walkway must exist somewhere within a restaurant's outdoor seating area. The single path is intended to allow adequate space for strollers, wait staff, patrons and passersby to maneuver through.

The amendment also requires restaurants to keep an outdoor seating area at least 50 feet away from any alley or driveway.

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Maley said commissioners' swift introduction of these restrictions on June 20 had not stemmed from safety complaints or incidents, at the height of the outdoor dining season in the borough, which is a restaurant destination. 

"The regulations were not reworked because something happened," said Maley. "(Commissioners) simply wanted to address public safety.

"It's just that, in some of the spots (downtown, on and around Haddon Avenue), there's been talk about there being a lot of traffic, and we're really concerned about it," he said. "We want to keep people at a safe distance from traffic and roadways."

Commissioners' concerns are not limited to only the safety of diners. The stringent regulations were also created to protect the well-being of wait staff and passersby.

"(The amendment) was created to aid people in walking down or dining along the sidewalks, but also to keep any vehicles in proximity from getting too close," said Maley.

Requiring a 50-foot separation between outdoor dining spaces and nearby alleyways and driveways, said Maley, is an especially important safety precaution.

"Streets are one thing—you have curbs and sidewalks to help separate pedestrians from cars. But driveways and alleyways dip into parts of the sidewalk," he said.

Maley said it was his idea to make changes, in an effort to tie-up loose ends in the borough's previous outdoor dining ordinance.

"Again, no incident triggered these changes. I started this ordinance; it was my idea," said Maley. "It's merely taking the necessary precautions to ensure the safety of our community."

These , nor their ability to decide how much—or little—space may be used for outside dining. 

"Existing outdoor cafes don't have to change their (exterior seating arrangements)," said Maley. "They've been grandfathered into the amendment. These new restrictions don't apply to them."

But any new restaurants coming into town must comply with the new regulations, and arrange their seating areas accordingly.

Commissioners voted to introduce the amendment by title only at their June 20 meeting—meaning no textual or written document containing the new regulations existed prior to approval.

This act raised public questions about the political process. 

According to Maley, local governing bodies are indeed able to introduce an ordinance by title only, even if its components have not yet been documented in writing.

"We have been introducing various ordinances by title only for as many years as the borough's existed," said Maley. "When a formal ordinance isn't prepared yet, (a commission may) introduce it by the title only—as long as it is published, and a full copy is made available to the public, 10 days prior to its public hearing."

A complete text of the amendment was completed on Tuesday, June 28, and a copy provided to Patch the same day. A public hearing and adoption are scheduled for next commission meeting, on July 11.

"We cannot (formally adopt) an ordinance until it's made available to the public and they read through it," said Maley. "And that's just what we're doing."


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